STATE OF NORTH CAROLINA
v. Davidson County
Nos. 99 CRS 783-84
CHUCK LAMBETH
Attorney General Roy Cooper, by Special Deputy Attorney
General Isaac T. Avery, III and Assistant Attorney General
Patricia A. Duffy, for the State.
Jon C. Michael for defendant-appellant.
GREENE, Judge.
Chuck Lambeth (Defendant) appeals from judgments dated 4
January 2001 entered pursuant to a jury verdict finding him guilty
of driving while impaired and of driving while license revoked.
On 24 April 2000, Defendant was indicted on charges of driving
while license revoked, driving while impaired, and habitual driving
while impaired. Defendant's case was tried on 2 January 2001. The
evidence at trial revealed that on 12 September 1998, Deputy
Sheriff Jeff White (White) and Sergeant Frank Young (Young) of the
Davidson County Sheriff's Department had set up a roadblock for the
purpose of conducting a driver's license checkpoint. Their patrol
cars were pulled over to the side of the road; the cars' bluelights were flashing; traffic cones were set out; and both officers
were wearing reflective clothing. At some point, the officers
noticed two motorcycles approaching the checkpoint, one of which
was ridden by Defendant. Before the motorcycles reached the
checkpoint both riders executed U-turns and rode off in the
opposite direction. According to Young, one rider was fifty yards
away and the other two hundred yards away when they made their U-
turns.
The officers got in their patrol cars and pursued the
motorcycles in their patrol cars with their blue lights flashing
and sirens activated, but the motorcyclists refused to stop.
Eventually, the motorcyclists split up, and Young continued pursuit
of Defendant, while White followed the other motorcyclist.
Defendant soon entered a residential area, going to the dead-end of
a road and turning left onto a dirt driveway. Defendant then made
a turn onto a motorcycle or walking trail. Unable to continue
pursuit in his vehicle, Young existed his vehicle to pursue
Defendant on foot. After approximately fifty yards, Young heard a
crash and spotted Defendant crawling up a hill away from a creek
bed, which is where Young apprehended Defendant and took him into
custody.
Young escorted Defendant out of the woods and radioed a towing
service to retrieve the motorcycle. While talking with Defendant,
Young noticed a strong odor of alcohol. Young also observed that
Defendant's eyes were bloodshot and Defendant was unsteady on his
feet. Defendant was taken to the magistrate's office where he wasadministered an intoxilyzer test as well as psycho-physical tests.
Young testified Defendant performed badly on the psycho-physical
tests and the intoxilyzer test showed that Defendant had an alcohol
concentration of 0.13.
Prior to trial, Defendant made a motion to suppress all of the
evidence, arguing that no basis existed for the stop. The trial
court summarily denied Defendant's motion. Defendant was convicted
of driving while license revoked and driving while impaired.
Defendant was sentenced to a term of fifteen to eighteen months
imprisonment for habitual driving while impaired as well as a
concurrent term of forty-five days imprisonment for the driving
while license revoked conviction.
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